State v. Mumford

HUNTER, JR., Robert N., Judge.

Aubrey Alberto Mumford (“defendant”) appeals from judgments entered on jury verdicts of guilty of misdemeanor hit and run and five *595counts of felony serious injury by vehicle. After review, we hold that the trial court erred in accepting inconsistent verdicts of not guilty of driving while impaired and guilty of felony serious injury by vehicle. The former is a statutory element of the latter. Therefore, we vacate the verdicts.

I. Factual Background

On 8 June 2007, a high school graduation party was held at a home on a two-lane highway in Greene County. Partygoers…